| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to attorney practices; amending s. 877.02, |
| 7 | F.S.; prohibiting the solicitation of legal business for a |
| 8 | profit; providing criminal penalties; prohibiting |
| 9 | attorneys from advertising services for business for a |
| 10 | profit unless permitted by law; providing a definition for |
| 11 | the term "solicit"; prohibiting attorneys from initiating |
| 12 | contact for the purpose of soliciting legal business for a |
| 13 | profit; providing civil penalties; providing for equitable |
| 14 | relief; providing construction; providing an effective |
| 15 | date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Section 877.02, Florida Statutes, is amended to |
| 20 | read: |
| 21 | 877.02 Solicitation of for-profit legal services or |
| 22 | retainers therefor; penalty.-- |
| 23 | (1) The Legislature has determined that legal advertising |
| 24 | that solicits business by inciting a person to file a suit |
| 25 | destroys the personal responsibility of individuals, fosters |
| 26 | frivolous litigation, and demeans the judiciary and the practice |
| 27 | of law. This form of solicitation has created a crisis in this |
| 28 | state's judicial system, thus creating a compelling state |
| 29 | interest in the state's limited regulation of advertising as set |
| 30 | forth in this section. |
| 31 | (2)(1) It shall be unlawful for any person or her or his |
| 32 | agent, employee, or any person acting on her or his behalf, to |
| 33 | solicit or procure through solicitation either directly or |
| 34 | indirectly legal business for a profit, or to solicit or procure |
| 35 | through solicitation a retainer, written or oral, or any |
| 36 | agreement authorizing an attorney to perform or render legal |
| 37 | service for a profit, or to make it a business to solicit or |
| 38 | procure such business, retainers, or agreements; provided, |
| 39 | however, that nothing herein shall prohibit or be applicable to |
| 40 | banks, trust companies, lawyer reference services, legal aid |
| 41 | associations, lay collection agencies, railroad companies, |
| 42 | insurance companies and agencies, and real estate companies and |
| 43 | agencies, in the conduct of their lawful businesses, and in |
| 44 | connection therewith and incidental thereto, forwarding legal |
| 45 | matters to attorneys at law when such forwarding is authorized |
| 46 | by the customers or clients of said businesses and is done |
| 47 | pursuant to the canons of legal ethics as pronounced by the |
| 48 | Supreme Court of Florida. |
| 49 | (3)(2) It shall be unlawful for any person in the employ |
| 50 | of or in any capacity attached to any hospital, sanitarium, |
| 51 | police department, wrecker service or garage, prison, or court, |
| 52 | or for a person authorized to furnish bail bonds, investigators, |
| 53 | photographers, or insurance or public adjusters, to communicate |
| 54 | directly or indirectly with any attorney or person acting on |
| 55 | said attorney's behalf for the purpose of aiding, assisting, or |
| 56 | abetting such attorney in the solicitation of legal business for |
| 57 | a profit or the procurement through solicitation of a retainer, |
| 58 | written or oral, or any agreement authorizing the attorney to |
| 59 | perform or render legal services for a profit. |
| 60 | (4) It shall be unlawful to advertise, using any form of |
| 61 | electronic or other media, in a manner that solicits legal |
| 62 | business for a profit by urging a person to consider bringing |
| 63 | legal action against another. |
| 64 | (5) The term "solicit" shall mean to entreat, request, or |
| 65 | incite another to use the services of an attorney or a law firm. |
| 66 | In any advertisement subject to this section, the term "solicit" |
| 67 | shall not mean, include, or prohibit a statement by the attorney |
| 68 | in writing or by the attorney of, or an appearance, picture, or |
| 69 | voice of the attorney who states in such advertisement only the |
| 70 | following information: |
| 71 | (a) The name of the attorney or law firm; |
| 72 | (b) The field of practice of such attorney or law firm, |
| 73 | including the prices charged, so long as expressly permitted by |
| 74 | Rule 4-7.2 of the rules regulating The Florida Bar; |
| 75 | (c) The right of an injured or aggrieved person to seek |
| 76 | redress if such person's rights have been violated; |
| 77 | (d) A public service type announcement, so long as it does |
| 78 | not entreat, request, or urge another to use the services of an |
| 79 | attorney or law firm for the purpose of bringing legal action |
| 80 | against another; or |
| 81 | (e) Those matters expressly permitted by Rule 4-7.2(c)(11) |
| 82 | of the rules regulating The Florida Bar. |
| 83 | (6)(a)(3) Except for violations of subsection (4), any |
| 84 | person violating any provision of this section commits shall be |
| 85 | guilty of a misdemeanor of the first degree, punishable as |
| 86 | provided in s. 775.082 or s. 775.083. |
| 87 | (b) A person violating subsection (4) shall be liable for |
| 88 | a civil penalty of $1,000 for the first offense and $10,000 for |
| 89 | each subsequent offense and shall be subject to imposition of |
| 90 | injunctive relief based on a presumption that there is no |
| 91 | adequate remedy at law available to the public. For purposes of |
| 92 | this paragraph, an offense is a single advertisement published |
| 93 | in a single print publication or through a single electronic |
| 94 | media outlet, regardless of the number of times or in how many |
| 95 | issues it is republished in the same publication or through the |
| 96 | same media outlet. The Florida Bar and the Attorney General |
| 97 | shall have standing to enforce such penalties and, upon |
| 98 | prevailing in such action, shall recover costs and reasonable |
| 99 | attorney's fees. |
| 100 | (7)(4) This section shall be taken to be cumulative and |
| 101 | shall not be construed to amend or repeal any other valid law, |
| 102 | code, ordinance, rule, or penalty now in effect. |
| 103 | Section 2. This act shall take effect upon becoming a law. |